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DUI » DUI Testing » Challenging DUI Evidence » Video Evidence in DUI Cases

Video Evidence in a DUI Case

In challenging DUI evidence, one of the types of evidence that a lawyer should consider is any video footage of the defendant. A video mounted on the dashboard of the arresting officer's vehicle may show footage or may even provide an audio playback of the initial police stop and the administration of field sobriety tests. The defendant may have also been videoed at the police station, which may provide insight as to the defendant's overall behavior and level of intoxication. This evidence may have a considerable influence on the outcome of a DUI case.

What are the two different types of video evidence?

There are two key types of video evidence that may apply in your case. Depending on what is on the video, it may prove invaluable to your attorney's defense strategy. The key is to carefully review this evidence as well as its admissibility and then present it in such a way as to favor the defendant. It may be used in conjunction with a cross-examination of the arresting officer and may be presented as evidence for the judge and / or jury to consider.

  • In-Vehicle Video Surveillance: When a police car is equipped with video equipment, this footage may include a good deal of evidence relating to a case. It may even contain key footage of the defendant's driving behavior that led to the police stop in the first place. It may also show the arresting officer approaching the defendant's vehicle and may provide audio of the ensuing conversation. It may show field sobriety tests that were administered or may at the very least provide audio of these tests. Watching and listening to in-vehicle video footage may reveal that the arresting officer's testimony regarding the defendant's statements, behavior, performance on field sobriety tests and overall level of intoxication are inaccurate. It may also show that the officer did not have probable cause to pull the driver over in the first place.
  • DUI Booking Room Video: Video footage from the police station, after the defendant has been arrested for alleged drunk driving, may reveal that the defendant's speech is clear and that he or she appears to have full control of motor skills and normal mental abilities. When confronted with this footage, the police officer's testimony to the contrary may be discounted.

The impact that video evidence may have on any case will vary depending on a number of different factors, from what the videos recorded to the manner in which your lawyer uses the footage. In any case, however, it is important to make sure that your attorney has the skill, resources and experience to use this video footage to your advantage.

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